Expertise in corporate

Credit strategies

About

Sound Point’s primary investment objective is to preserve capital in all market conditions and to generate attractive rates of return with low volatility

Sound Point Capital Management, LP (“Sound Point”) is an asset management firm founded in 2008 with particular expertise in credit strategies. Sound Point’s primary investment objectives across our products are (i) to preserve capital in all market conditions and (ii) to generate attractive rates of return with low volatility.

Sound Point was founded by Stephen Ketchum and principals of Stone Point Capital (www.stonepoint.com), with a recent minority investment from Dyal Capital Partners. Stephen Ketchum has over 27 years of credit structuring, advisory and investment management experience and a successful track record of building and managing teams. Sound Point’s senior portfolio management team has an average of 22 years’ experience in the credit markets.

Sound Point manages money on behalf of institutions, pensions, foundations, insurance companies, wealth management firms, family offices and high net worth individuals. In total, as of November 30, 2018, Sound Point managed over $20 billion in assets.

The Sound Point Floating Rate Income Fund has moved to the American Beacon platform and the fund's information can be accessed here click here.

The American Beacon Sound Point Enhanced Income Fund’s information can be accessed here click here.

Sound Point Capital Management, LP (“Sound Point Capital”) and/or its respective affiliated entities (collectively, “Sound Point”) realize the importance of feeling safe online and are committed to respecting and protecting your privacy. This privacy policy (“Privacy Policy”) discloses what information we gather on our Web site, www.soundpointcap.com (the “Site”), the ways in which we process and, sometimes, share such information, and how you can correct or change such information. This Privacy Policy is incorporated into and subject to the Terms of Use. Except where otherwise expressly indicated herein or on the Site, this Privacy Policy applies only to information collected on the Site and does not apply to information collected outside of the Site. By visiting the Site, you agree to be bound by the terms and conditions of this Privacy Policy. If you do not agree, please do not use or access the Site.

Before submitting information to Sound Point through your use of the Site, including, without limitation, through the submission of your prospective user questionnaire, please read the following to learn more about the Privacy Policy of the Sound Point. By visiting or submitting information on the Site you acknowledge that you accept the practices and policies outlined in this Privacy Policy, and consent to having your data transferred to and processed in the United States. If you do not agree to this Privacy Policy, please do not use the Site.

Certain areas of the Site contain information intended only for investors’ and/or other visitors to the Site for whom Sound Point provides login credentials (each, a “Registrant”). Accordingly, Sound Point reserves the right to limit access to certain non-public restricted areas of the Site to Registrants (“Restricted Areas”). Unless otherwise indicated, the term “Site” as used throughout this Privacy Policy shall include the public areas of the Site and the Restricted Areas. This Privacy Policy addresses our privacy practices relating to general use of the Site as well as its use by any Registrant or visitor to the Site (each a “User”). For the purposes of this Privacy Policy, “you” or “your” shall refer to you as a User of this Site.

OVERVIEW

We have adopted general policies and procedures concerning confidentiality, proprietary data and privacy of personal information, and the information we gather by way of or through use of the Site is protected by those policies and procedures. Generally, we collect non-public personal information about our clients and investors from the following sources:

Information received from past, present and potential clients or investors on applications or other forms, including the information we collect on the Site and on the prospective user questionnaire, and

Information about clients’ or investors’ transactions with us, our affiliates or others.

Our policy is that:

We do not disclose any non-public personal information about our current or former clients or investors to anyone, except as permitted by law. We share non-public personal information with certain service providers and we require those service providers to keep the non-public information confidential.

We restrict access to non-public personal information about our clients and investors to employees and service providers who need to know that information to provide services to our clients.

We maintain physical, electronic and procedural safeguards that comply with federal standards to guard clients’ and investors’ personal information.

THE INFORMATION WE COLLECT

We collect the following types of information from our Users:

PERSONALLY IDENTIFIABLE INFORMATION

We may receive and store any information you enter on the Site or provide to us in any other way, including, without limitation, a prospective user questionnaire, that would allow us to identify you or contact you (collectively “Personally Identifiable Information”). The Personally Identifiable Information you provide will only be used by Sound Point in accordance with this Privacy Policy.

If you have been provided a username and password to access Restricted Areas on this Site, you must provide to us the following Personally Identifiable Information: your name, mailing address, email address, phone number(s) and fax number. In addition, you may have provided Sound Point certain Personally Identifiable Information related to financial matters, including, without limitation, social security numbers, employment, asset, income and other household information, other personal financial data, investment portfolio information and other investment information.

You can choose not to provide us with certain Personally Identifiable Information, but then you may not be able to access the Restricted Areas.

AUTOMATIC INFORMATION

In general, you can browse the public areas of the Site without telling us who you are or revealing any personal information about yourself. We may receive and store certain types of information whenever you interact with us through your use of the Site. Sound Point automatically receives and records your browser information, operating system information, IP address, cookie information and the page you requested. This information will not be stored in a manner that is personally identifiable with you.

Aggregate Information

In connection with your visit to the Site, we may automatically collect usage information, such as the numbers and frequency of Users to the Site and their components. This data is only used in the aggregate, that is, as a statistical measure, and not in a manner that would identify you personally.

Cookies

We use “cookies” to help you access and navigate the Site more efficiently and to statistically monitor how many people are using the Site. A “cookie” is a small file or tool stored on the User’s hard drive containing information that allows us to deliver customized information to you. If you are a Registrant, we may use cookies to store your e-mail address, user name, preferences and password so we can identify you when you return to the Site, track your use of the Site and customize the Site for you. You may set your browser to notify you of or decline the receipt of cookies; however, certain features of the Site may not function properly or be available if your browser is configured to disable cookies.

Sound Point uses both “session” and “persistent” cookies on the Site. Session cookies are temporary bits of information that are erased once you exit your Web browser or turn off your computer. Persistent cookies are more permanent bits of information that are placed on the hard drive of your computer and stay there unless you delete the cookie. They store information on your computer for a number of reasons, such as retrieving certain information you have previously provided (i.e., username and password), helping to determine what areas of the Site you find most valuable, and customizing the Site based on your preferences on an ongoing basis. Persistent cookies placed on your computer by a Site do not store any personal information.

E-mail Communications

When you send an e-mail to Sound Point, either through the “Contact” area of the Site or otherwise, Sound Point may retain your e-mail address and the contents of the e-mail you send. If you want to keep any private or proprietary information, please do not send such information in an e-mail or otherwise post such information to Sound Point. We may also receive a confirmation when you open an e-mail from Sound Point if your computer supports this type of program, in order to help us make e-mails more interesting and helpful.

HOW WE USE YOUR INFORMATION

When you provide us with your Personally Identifiable Information, we may use such information to manage a registry of all of our Registrants, facilitate communication between Sound Point and you, notify you of features or special events and provide you with other information we feel may be of interest to you. We also use information we collect to customize, analyze, adjust and improve the Site to meet our Users’ needs and expectations. We may use the information to oversee adherence to our guidelines, to enforce our agreements with you, to prevent fraud and other prohibited or illegal activities and for other legally permissible purposes. These uses improve the Site and better tailor it to meet your needs, so as to provide you with a smooth, efficient, safe and customized experience while using the Site. These uses of your Personally Identifiable Information may include, without limitation, the following:

Restricted Areas

If you are a visitor to the Site and provide Sound Point with a prospective user questionnaire in order to request access to the Restricted Areas of the Site, Sound Point uses the data provided on such questionnaire to determine whether you meet certain legal criteria that Sound Point will use to determine whether to permit you access to such Restricted Areas.

As a Registrant of the Site with access to the Restricted Areas, we use the Personally Identifiable Information you provide to send you Sound Point publications, information about Registrant benefits and special features and events and other information that Sound Point believes is relevant and useful to its Registrants. Sound Point does not sell mailing lists (names and mailing addresses) and e-mail addresses of Registrants to third parties.

Aggregate Information

The aggregate information collected by Sound Point is also used to create portraits of the audience for the Site, portraits which present anonymous statistical demographic information but no Personally Identifiable Information. This aggregated information is used, among other things, to determine trends and needs.

WITH WHOM WE SHARE YOUR INFORMATION

Except as otherwise provided in this Privacy Policy, we will not give, share, sell, or trade your Personally Identifiable Information to or with any third parties in any way other than under the following circumstances:

Affiliates

We may share your Personally Identifiable Information with our affiliates, including, but not limited to, our subsidiaries as well as strategic business partners, who may use your information for purposes similar to the purposes for which we collect such information. We require all such companies to comply with the terms of our Privacy Policy.

Fulfillment of Services

We may retain other companies and individuals to perform functions consistent with our Privacy Policy on our behalf. Examples include financial service providers, such as administrators, placement agents and prime brokers, who assist Sound Point as part of the ordinary course of servicing investment, legal representatives of Sound Point, such as counsel, accountants and auditors, persons acting in a fiduciary or representative capacity, such as an IRA custodian or trustee, marketing companies, customer support specialists, Web hosting companies, fulfillment companies (e.g., companies that coordinate mailings), data analysis firms and e-mail service providers. Such third parties may be provided with access to Personally Identifiable Information needed to perform their functions, but may not use such information for any other purpose.

Compliance with Law and Fraud Protection

We may disclose any information, including, without limitation, Personally Identifiable Information, we deem necessary, in our sole discretion and without your prior permission, to comply with any applicable law, regulation, legal process or governmental request. We may also exchange information, including, without limitation, Personally Identifiable Information, with other companies and organizations for credit fraud protection, risk reduction and related activities. Sound Point reserves the right to disclose Personally Identifiable Information for a User who we believe is in violation of our Terms of Use, even without a subpoena, warrant, or other court order.

Sale or Transfer of Information

In the event of a sale, merger, liquidation, dissolution, or sale or transfer of any portion of the assets of Sound Point, Personally Identifiable Information and/or other information collected about you from or through the use of the Site may be sold, assigned, or transferred to the party acquiring such assets of Sound Point in order to permit the party to continue the operation of the Site or any portion thereof, including the Restricted Areas. Subject to your ability to opt-out, by using the Site and submitting your information to us, you consent to the sale and transfer of your information as described in this paragraph.

Except as described above, we will not disclose your Personally Identifiable Information to other third parties unless you have provided consent.

CONTROL OF YOUR PASSWORD AND PERSONAL INFORMATION

You are responsible for all actions taken with your username and password. Therefore, we recommend that you do not disclose your username or password to anyone. You may not allow others to use your username or password to access or use any part of this Site. If your username or password has been compromised for any reason, you should contact us immediately for a new username and password.

You can review and change the information that you submit to us by contacting us at marketing@soundpointcap.com. You can change your username, password, email address, contact information, financial information, other personal information and user preferences. You must promptly update your personal information if it changes or is inaccurate.

On your request, we will deactivate your password and remove your contact information and financial information from our active databases. Your password will be deactivated promptly based on your account activity and in accordance with our deactivation policy.

We will retain in our files the personal information you have asked us to remove from our active databases to prevent fraud, resolve disputes, troubleshoot problems, assist with any investigations, enforce our Terms of Use and comply with legal requirements. Therefore, you should not expect that your personal information will be completely removed from our databases in response to your requests. However, such personal information will only be available to select employees, service providers and governmental persons or entities.

THIRD PARTY LINKS

The Site may contain links to third-party Web sites. Please be aware that we cannot control and are not responsible for the information collection practices of such Web sites, which may differ from those of Sound Point. We encourage you to review and understand the privacy policies of these Web sites before providing any information to them.

USERS FROM OUTSIDE THE UNITED STATES

The Site is hosted in the United States. The Site is governed by the law of the State of New York. If you are visiting the Site from outside the United States, please be aware that your information will be transferred to, stored, and processed in the United States where our servers are located and our central database is operated. The data protection and other laws of the United States might not be as comprehensive as those in your country. By using the Site, you consent to your information being transferred to our facilities and to the facilities of those third parties with whom we share it as described in this Privacy Policy.

SECURITY

We use procedural and technical safeguards to protect your personal information against loss or theft as well as unauthorized access and disclosure to protect your privacy, which may include encryption, “firewalls” and Secure Socket Layers. We treat data as an asset that must be protected against loss and unauthorized access. We employ security techniques to protect such data from unauthorized access by users inside and outside the company.

We want you to feel confident using the Site. However, no system can be completely secure. Therefore, although we take steps to secure your information, we do not promise, and you should not expect, that your Personally Identifiable Information, searches, or other communications will always remain secure. In the event of a breach of the confidentiality or security of your Personally Identifiable Information, we will notify you as necessary so you can take appropriate protective steps. We may notify you under such circumstances using the e-mail address(es) we have on record for you, and if you did not provide an e-mail address, by regular mail. Users should also take care with how they handle and disclose their Personally Identifiable Information. Please refer to the Federal Trade Commission’s Web site at http://www.ftc.gov/bcp/menus/consumer/data.shtm for information about how to protect yourself against identity theft.

CHILDREN

Persons under age 18 are not eligible to use the Site.

CONDITIONS OF USE

If you choose to visit the Site, your visit and any dispute over privacy is subject to this Privacy Policy and our Terms of Use, including any limitations on damages and the application of the law of the State of New York. If you have any concern about privacy, please send a thorough description of your concerns to Sound Point at the following email address: marketing@soundpointcap.com.

CHANGES TO THIS POLICY

This Privacy Policy may change from time to time. We may amend this Privacy Policy at any time by posting the amended terms on the Site. All amended terms shall automatically be effective thirty (30) days after they are initially posted on the Site. If Sound Point materially changes this Privacy Policy to permit it or its affiliates to share additional information Sound Point has about you or to permit disclosures to additional types of parties, you will be notified in advance, and, if required by law, you will be given the opportunity to consent to such disclosure, as appropriate, or opt out of such additional disclosure to direct us not to share your information with such parties.

Please read these Terms of Use before using the Site (as defined below). Your access to and use of the Site is subject to these Terms of Use and all applicable laws and regulations. The Terms of Use constitute a legal agreement between you and Sound Point (as defined below). The Site is available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Site is not available to persons under age 18. By accessing and using the Site, you accept and agree to, without qualification, these Terms of Use and represent and warrant that you have the authority to bind the Use to these Terms of Use. If you do not accept and agree to these Terms of Use without qualification, you should exit the Site immediately.

THE SITE

Sound Point Capital Management, LP (“Sound Point Capital”) and/or its respective affiliated entities (collectively, “Sound Point”) provide, through use of their Web site, www.soundpointcap.com (the “Site”), information regarding Sound Point Capital’s investment advisory business. This Site is owned and operated by Sound Point and is being provided to you under the following terms and conditions and any operating rules, policies, and procedures that may be published from time to time on this Site by Sound Point (collectively, the “Terms of Use”).

These Terms of Use govern visitors’ (“Visitors”) access to and use of the public areas of the Site that are available to all Visitors (“Public Areas”). In addition to the Public Areas of the Site, these Terms of Use also govern investors’ and/or other visitors to the Site for whom Sound Point Capital provides login credentials (each, a “Registrant” and collectively with Visitors, “Users”) access to and use of certain non-public restricted areas of the Site (the “Restricted Areas”). Only Registrants may access the Restricted Areas of the Site. Unless otherwise indicated, the term “Site” as used throughout these Terms of Use shall include the Public Areas and the Restricted Areas. For the purposes of these Terms of Use, “you” or “your” shall refer to you as a Visitor to or Registrant of this Site.

PERSONAL AND NON-COMMERCIAL USE LIMITATION

The Site is for your personal and non-commercial use. Sound Point hereby grants you a non-exclusive, non-transferable and limited personal license to access and use the Site, conditioned on your continued compliance with these Terms of Use. You may not modify, copy (except as set forth below), distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products or services obtained from the Site. You may not link other websites to the Site without Sound Point’s prior written permission. You may print one hard copy of the information and download one temporary copy of the information into one single computer’s memory solely for your own personal, non-commercial use and not for distribution, provided that all relevant copyright, trademark and other proprietary notices are kept intact.

All information in the Restricted Areas of the Site is confidential and private and you may not disclose or distribute such information to any other person for any purpose. Such information is made available solely for your personal use in connection with your current or potential investment activities.

You are prohibited from using the Site to advertise or perform any commercial solicitation. You also are prohibited from using any robot, spider, scraper or other automated means to access the Site for any purpose without the prior written permission of Sound Point. You may not take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure, interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site, or bypass any measures that we may use to prevent or restrict access to the Site. You shall not, directly or indirectly, reverse engineer, decompile, disassemble, translate or convert any computer programs used to access the Site. Any special rules for the use of certain software and other content accessible on the Site may be included elsewhere within the Site and are incorporated into these Terms of Use by reference. Any rights not expressly granted herein are reserved.

Unauthorized access to and/or use of the Site, or to the telecommunications or computer facilities used to deliver the Site, is a breach of these Terms of Use and is a violation of law.

NON-EUROPEAN INVESTORS

Registering to access and/or accessing the Site and the information that it contains constitutes a request by you, at your initiative, to be provided with information about the funds referenced on this website (the “Funds”). Neither Sound Point Capital nor Sound Point RE, nor any of their affiliates, intends to actively market any Funds to investors in the European Union or the European Economic Area and, therefore, Sound Point Capital (and its affiliates) are outside the scope of the Alternative Investment Fund Managers Directive (Directive 2011/61/EU) (the “AIFMD”) and are not subject to the requirements of the AIFMD. If you are a prospective investor located in, or have your registered office in, the European Union or the European Economic Area, as a condition to your use of this Site, you represent that you acknowledge and understand that the information contained on this Site may not include information that Sound Point Capital would have been required to provide to you, or to otherwise make public, had either Sound Point Capital been required to comply with the AIFMD, and Sound Point Capital may not provide to you such information or sales materials which would otherwise have been required by the AIFMD.

REGISTRATION INFORMATION

Any and all investors currently holding interests in investment vehicles managed by Sound Point Capital will be provided login credentials by Sound Point Capital to access the Restricted Areas of the Site. If you are a current investor and have not received such login credentials, please contact Sound Point Capital to obtain access to the Restricted Areas of the Site.

In addition to investors, certain Visitors may request access to the Restricted Areas of the Site by completing and submitting to Sound Point Capital a prospective user questionnaire [insert hyperlink here to questionnaire]. When you submit the questionnaire, you will be required to provide Sound Point Capital with the following information: your name, complete address information, e-mail address, telephone numbers and fax number.

In order to use the Restricted Area, a Registrant must: (a) provide certain current, complete, and accurate information about the Registrant on the questionnaire and otherwise; (b) maintain and update such Registrant information as required to keep information current, complete, and accurate; (c) provide all equipment, including a computer and modem, necessary to establish a connection to the Web; (d) provide for the Registrant’s own access to the Web; and (e) pay any telephone, data, hosting or other service fees associated with such access. Sound Point Capital reserves the right to decline to provide you with access, or to terminate your access, to any Restricted Areas if Sound Point Capital learns that you have provided it with false, misleading or inaccurate registration information on the questionnaire, and otherwise at any time and for any reason, in Sound Point Capital’s sole and absolute discretion.

REGISTRANT LOGIN CREDENTIALS

Access to and use of the Restricted Areas is through certain login credentials, which include a combination of your username and a password that Sound Point Capital provides to you as an investor, client and/or other Visitor of the Site following its review of your questionnaire and its approval of your access to the Restricted Areas, which approval may be granted or withheld by Sound Point Capital in its sole and absolute discretion.

You are responsible for maintaining the confidentiality of your username and passwords. You are entirely responsible for any and all activities which occur under your username and password whether or not authorized by you. Although Sound Point will not be liable for losses caused by any unauthorized use of Registrant’s account, Registrants may be liable for the losses of Sound Point or others due to such unauthorized use.

You may not allow others to use your username or password to access or use any part of the Site. If you know or believe that your username and/or password has been compromised for any reason, you should contact Sound Point Capital immediately to request new login credentials. If you provide your username and password to any third party, you will be solely responsible for any actions taken by such third party using your username and password.

NO SECURITIES OFFERING OR INVESTMENT ADVICE

The materials, content and information available on the Site are for information purposes only and do not constitute any investment advice or advertisement or an offer to sell or a solicitation of an offer to purchase any share/interest in any investment vehicles. Any such offerings of securities may only be made only by prospectus or private offering memoranda by persons who are registered, or not required to be registered as broker-dealers or agents in the particular jurisdiction, and in accordance with applicable law, including, without limitation, the Securities Act of 1933, as amended. The Site is not intended for distribution to or use by any person in any jurisdiction or country where such distribution or use would be contrary to local law or regulation.

The information on the Site provided on a confidential basis. It is not intended as and does not constitute investment advice or legal or tax advice or an offer to sell any securities to any person or a solicitation of any person of any offer to purchase any securities. The information in the Site should not be construed as Sound Point’s endorsement, recommendation or sponsorship of any company or security. There are inherent risks in relying on, using or retrieving any information found on the Site, and Sound Point urges you to make sure that you understand these risks before relying on, using or retrieving any information on the Site. You should evaluate the information made available through the Site, and you should seek the advice of professionals, as appropriate, to evaluate any opinion, advice, product, service or other information. The material available on the Site has been prepared from original sources and data believed to be reliable. However no representations are made as to the accuracy or completeness thereof, and it is subject to change without notice. Any investment in any privately offered investment product involves a high degree of risk and is suitable only for sophisticated investors.

Sound Point Capital’s businesses are not designed or intended to replace any services provided by their respective clients’ other legal, tax and financial advisors. Clients of Sound Point Capital, any investors holding interests in investment vehicles managed by Sound Point Capital, or other Visitors or Registered Users of the Site must rely entirely on their own advisors as to legal, tax, financial or other matters relevant to the suitability of any investment.

You acknowledge that any of your requests for information are unsolicited and any information provided or made available by Sound Point shall neither constitute nor be construed as investment advice from Sound Point to you or to form an investment advisory relationship, or any other client relationship between you and Sound Point or any of its affiliates or employees. Sound Point strongly recommends that you seek outside advice from a qualified securities professional. Sound Point does not guarantee the suitability or potential value of any particular investment or information source. Clients of Sound Point Capital may from time to time be invested or otherwise hold an interest in companies or securities that may be discussed on the Site.

FORWARD LOOKING STATEMENTS

THE SITE MAY INCLUDE FORWARD LOOKING STATEMENTS THAT INVOLVE RISKS AND UNCERTAINTIES CONCERNING THE OPERATIONS, PROSPECTS, STRATEGIES, FINANCIAL CONDITION AND FUTURE ECONOMIC PERFORMANCE OF SOUND POINT CAPITAL’S BUSINESSES, AND OF THE FUNDS AND/OR OTHER INVESTMENT VEHICLES MANAGED BY SOUND POINT CAPITAL AS WELL AS SOUND POINT CAPITAL’S INTENTIONS, PLANS AND OBJECTIVES, THAT ARE BEYOND THE CONTROL OF SOUND POINT CAPITAL. THESE STATEMENTS ARE BASED UPON A NUMBER OF ASSUMPTIONS AND ESTIMATES WHICH ARE SUBJECT TO SIGNIFICANT UNCERTAINTIES, MANY OF WHICH ARE BEYOND THE CONTROL OF SOUND POINT CAPITAL. WHEN USED ON THE SITE, WORDS LIKE “ANTICIPATES,” “EXPECTS,” “BELIEVES,” “ESTIMATES,” “SEEKS,” “PLANS,” “INTENDS,” “WILL” AND SIMILAR EXPRESSIONS ARE INTENDED TO IDENTIFY FORWARD-LOOKING STATEMENTS DESIGNED TO FALL WITHIN SECURITIES LAW SAFE HARBORS FOR FORWARD-LOOKING STATEMENTS. THE SITE AND THE INFORMATION CONTAINED HEREIN DO NOT CONSTITUTE AN OFFER OR SOLICITATION OF AN OFFER FOR SALE OF ANY SECURITIES. NONE OF THE INFORMATION CONTAINED HEREIN IS INTENDED TO BE, AND SHALL NOT BE DEEMED TO BE, INCORPORATED INTO ANY OF OUR SECURITIES OFFERING MATERIALS, SECURITIES FILINGS OR DOCUMENTS.

PERFORMANCE DATA

ANY PERFORMANCE DATA EXPRESSED ON THE SITE IS AN INDICATION OF PAST PERFORMANCE AND DOES NOT INDICATE OR GUARANTEE FUTURE RESULTS. THERE IS A POSSIBILITY OF LOSS ON ALL INVESTMENTS AND INVESTOR PRINCIPAL IS NOT GUARANTEED. THE PAST PERFORMANCE OF ANY INVESTMENT, INVESTMENT STRATEGY OR INVESTMENT STYLE IS NOT INDICATIVE OF FUTURE PERFORMANCE, WHICH MAY BE SIGNIFICANTLY AFFECTED BY CHANGES IN ECONOMIC AND OTHER CONDITIONS.

TRUTHFUL INFORMATION

As a condition to your use of the Site, you represent and warrant to, and agree with, Sound Point that, all information, including, without limitation, any information provided on the prospective user questionnaire, that you provide to Sound Point shall be truthful, accurate and complete.

DISCLAIMERS AND LIMITATION OF LIABILITY

THE INFORMATION, SOFTWARE AND/OR SERVICES MADE AVAILABLE ON OR THROUGH THE USE OF THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. DUE TO VARIOUS FACTORS, INCLUDING THE INHERENT POSSIBILITY OF HUMAN AND MECHANICAL ERROR, THE ACCURACY, COMPLETENESS, TIMELINESS AND CORRECT SEQUENCING OF SUCH INFORMATION, SOFTWARE AND SERVICES AND THE RESULTS OBTAINED FROM THEIR USE ARE NOT GUARANTEED BY SOUND POINT OR ANY PERSONS CREATING OR TRANSMITTING SUCH INFORMATION, SOFTWARE AND SERVICES.

THE USE OF THE SITE IS AT THE USER’S SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS. SOUND POINT AND/OR ITS THIRD PARTY PROVIDERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CONTENT AND OPERATION OF THE SITE AT ANY TIME WITHOUT NOTICE. THE SITE MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME DUE TO REQUIRED MAINTENANCE, TELECOMMUNICATIONS INTERRUPTIONS OR OTHER REASONS. SOUND POINT AND/OR ITS THIRD PARTY PROVIDERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES CONTAINED ON OR MADE AVAILABLE THROUGH THE USE OF THIS SITE FOR ANY PURPOSE OR AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OR ANY INFORMATION OBTAINED THROUGH THE SITE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED WITHOUT WARRANTY OF ANY KIND. SOUND POINT AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND AVAILABILITY. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

YOUR USE OF THE SITE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR ANY OTHER DAMAGE OR LOSS THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT FROM THE SITE. IN NO EVENT SHALL SOUND POINT AND/OR ITS THIRD PARTY PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR RELATING TO THE USE OF OR ACCESS TO THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF SOUND POINT OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

SOUND POINT AND ANY PERSON CREATING, MAKING AVAILABLE OR TRANSMITTING THE INFORMATION ON THE SITE SHALL NOT BE LIABLE FOR ANY INFECTION BY VIRUSES OF OR DAMAGE TO ANY COMPUTER THAT RESULTS FROM YOUR USE OF, ACCESS TO OR DOWNLOADING OF SUCH INFORMATION. IF YOU ARE DISSATISFIED WITH THE INFORMATION, PRODUCTS OR SERVICES OFFERED AT THE SITE OR WITH THE TERMS AND CONDITIONS OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF AND ACCESS TO THE SITE.

OWNERSHIP OF CONTENT

The Site and all of its content, including but not limited to all text, graphics, charts, audio, logos, images, data compilations, icons, code and software (“Content”), are the property of Sound Point and are protected by U.S. and international copyright and other intellectual property and related laws, rules and regulations, with all rights reserved unless otherwise noted. All trademarks, service marks, trade names and other product and service names and logos displayed on the Site are proprietary to Sound Point, including all registered and unregistered trademarks and service marks of Sound Point. If the Site includes any trademarks, service marks, trade names or logos of any third parties, such items are the proprietary marks and names of their respective owners, and are protected by applicable trademark and intellectual property laws. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on this Site without the prior written permission of Sound Point or such third party that may own the trademarks displayed on this Site. You may not use the trademarks displayed on the Site. Your use of any Content, whether owned by Sound Point or any third party, without Sound Point’s express written permission, is strictly prohibited except as otherwise expressly permitted in these Terms of Use. Without limiting the foregoing, you are prohibited from using any of Sound Point’s copyrighted material or trademarks for any purpose, including, but not limited to, use as metatags, links or otherwise on any website, without the prior written permission of Sound Point.

COPYRIGHT INFRINGEMENT

Sound Point does not permit infringing copyright activities and other infringement of intellectual property rights on its site, and Sound Point will remove Content if properly notified that such Content infringes on another’s intellectual property rights. If you are a copyright owner or an agent thereof and believe that any Content made available on the Site infringes upon or otherwise conflicts with your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our copyright agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (d) information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and an electronic mail address; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Please contact Sound Point’s designated Copyright Agent, Sarah Seelaus (sseelaus@soundpointcap.com) to send notifications of claimed infringement. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Sound Point’s customer service through the Contact area of the Site. You hereby acknowledge and agree that if you fail to comply with all of the requirements listed above, your DMCA notice may not be valid.

PRIVACY

To the extent that Sound Point collects any information from Users of the Site, the collection and use of such information is governed by Sound Point’s Site Privacy Policy [insert hyperlink], which you should read before providing any such information to Sound Point.

NO UNLAWFUL OR PROHIBITED USE

As a condition to your use of the Site, you represent and warrant to, and agree with, Sound Point that you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use.

REFERENCES TO PUBLICATIONS AND OTHER COMPANIES

References to any publication or any other company on the Site are for reference and informational purposes only and are not intended to suggest that any of such companies endorse, recommend or approve of the services, analysis or recommendations of Sound Point or that Sound Point endorses, recommends or approves the services or products of such companies. News stories reflect only the author’s opinion and not necessarily that of Sound Point.

LINKS TO THIRD PARTY WEBSITES

The Site may contain hyperlinks to websites operated by parties other than Sound Point, which Sound Point may not have been screened or reviewed and which may contain inaccurate, inappropriate or offensive material, products or services. Sound Point does not control such websites, and Sound Point assumes no responsibility or liability regarding the accuracy, reliability, legality or decency of such third-party websites, content, products or services. Such hyperlinks are provided for your convenience only. Sound Point’s inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

MODIFICATION AND MONITORING OF SITE

You will be required to accept these Terms of Use each time that you use the Site. Sound Point may, at its discretion, change, modify, add or remove portions of these Terms of Use at any time without notice to you. We suggest that you check these Terms of Use periodically for changes. These Terms of Use can be accessed from the link at the bottom of each page. If you use the Site after we post changes to these Terms of Use, you accept the changed Terms of Use. Sound Point expressly reserves the right to monitor any and all use of the Site.

Sound Point has the right, but not the obligation, to monitor and record activity on the Site and respond as it deems appropriate. We may monitor and record activity on the Site for any reason or for no reason. Sound Point may investigate any complaint or reported violation of our policies. We may report any activity that we suspect may violate any law or regulation to regulators, law enforcement officials or other persons or entities that we deem appropriate.

TERMINATION AND CANCELLATION

Sound Point may modify or terminate the Site and terminate your access to the Site, without notice at any time and for any reason.

INDEMNITY

You agree, at your own expense, to indemnify, defend and hold harmless Sound Point, its parents, subsidiaries and affiliates, and their officers, partners, managers, members, employees, agents, distributors, service providers, contractors and licensees, from and against any judgments, losses, deficiencies, damages, liabilities, costs, claims, demands, suits, and expenses (including, without limitation, reasonable attorneys’ fees and expenses) incurred in, arising out of or in any way related to your breach of these Terms of Use or the Privacy Policy, your use of the Site or any product or service related thereto, or any of your other acts or omissions.

APPLICABLE LAW AND JURISDICTION

Unless otherwise specified, Sound Point controls and operates the Site from its offices within the United States of America.

Sound Point does not claim that materials in the Site are appropriate or available for use in locations other than those within the United States. If you choose to access the Site from other locations, you do so on your own initiative, and you are responsible for compliance with any applicable local laws.

Software from the Site and any data included on the Site is further subject to United States export controls. Software and data from the Site may not be downloaded or otherwise exported or reexported outside the United States. By downloading or using such software or data, you represent and warrant that you are not located in, under the control of, or a national or resident of any country or territory outside of the United States.

These Terms of Use are governed by the laws of the State of New York, without regard to its choice of law provisions. You hereby consent to the exclusive and personal jurisdiction and venue of the State and Federal courts in New York, New York, which shall have exclusive jurisdiction over any and all disputes arising out of or relating to these Terms of Use, the use of the Site or any product or service related thereto. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

GENERAL

You agree that no joint venture, partnership, employment or agency relationship exists between you and Sound Point as a result of these Terms of Use or use of the Site.

Sound Point’s performance of these Terms of Use is subject to existing laws and legal process, and nothing in these Terms of Use is in derogation of Sound Point’s right to comply with law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Sound Point with respect to such use.

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect.

By reviewing or using the information on the Site after accessing the Site, you represent and warrant that (a) you have the authority to enter into these Terms of Use and create a binding contractual obligation, (b) you understand and intend these Terms of Use to be the legal equivalent of a signed, written contract equally binding, and (c) you will use the information on the Site in a manner consistent with applicable laws and regulations and in accordance with these Terms of Use, as Sound Point may amend them online or otherwise from time to time. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

These Terms of Use constitute the entire agreement between you and Sound Point with respect to the Site and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Sound Point with respect to the Site. No delay or failure on the part of either party in exercising any right or remedy hereunder shall operate as a waiver thereof or of any other right or remedy. No waiver whatsoever shall be valid unless in writing, signed by the party to be charged, and then only to the extent therein set forth.

You shall not assign or otherwise transfer these Terms of Use, in whole or in part, or delegate or subcontract any of its rights or obligations hereunder, without Sound Point’s prior written consent. Any attempted transfer or delegation by you without Sound Point’s consent will be void. These Terms of Use will bind and inure to the benefit of each party’s successors and permitted assigns.

You agree to be bound by any agreement or consent you transmit to or through the Site via any media or electronic device, including internet, telephone and wireless devices.